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23-05-2016

Henderson Land Takes Legal Action to Repossess Its Land in Ma Shi Po

A subsidiary of Henderson Land Development Company Limited, namely Best Galaxy Limited (“the Company”) will file an application today for an injunction in Court, seeking to restrain Mr Au Lau Kan and his associates from continuing to obstruct the Company to repossess a 5,500-square-foot parcel of land it owns in Ma Shi Po.
 
Mr Au and his associates have repeatedly obstructed the Company from repossessing the land. We have exercised great forbearance and allowed more than sufficient time for them to leave peacefully. We have even tried to initiate a meeting with them through a middle person, hoping through our best efforts to reach a mutual agreement that will resolve the matter peacefully. With great disappointment, Mr Au and his associates have now publicly announced that there is no room for negotiation and even expanded their occupation to the adjacent land. Moreover, they have continued rallying the public to join in their unlawful occupation. Consequently, having exhausted all viable means to resolve the matter and as a measure of last resort, the Company will apply for an injunction today.
 
The Company still sincerely hopes that this matter can be resolved in a peaceful manner and hereby urges Mr Au and his associates to vacate the land peacefully as soon as possible.
 
The background
Mr Au was a former tenant of the aforesaid parcel of land and since the termination of his tenancy agreement in 2007, he had been in unlawfully occupation of the land for 9 years. In order to repossess the land peacefully, we have attempted to negotiate with Mr Au to reach an agreement with him to return possession thereof. These negotiations included our offering compensation, and even offering another piece of land for lease in exchange. Unfortunately, Mr Au has rejected all of these offers, leaving us no option but to resort to legal action to resolve the matter.
 
In March 2015, the Court granted a judgment ordering Mr Au to return possession of the aforesaid parcel of land to the Company. On 23rd March 2016, a court bailiff delivered possession of the land to the Company pursuant to the judgment. However, Mr Au and his associates ignored the judgment and unlawfully re-entered the land, and thereafter continued to occupy the land. They have destroyed wire fences, prevented the Company’s workers from carrying out their work, charged at the security guards, and even expanded their occupation to the adjacent land. Moreover, they have continually tried to rally the public to join them. This series of hostile actions is regrettable.
 
Consequently, having exhausted all other viable means to resolve the matter and as a measure of last resort, the Company will apply for an injunction later today.