Director of Lands v Ho Kong, The Sole Executor of the Estate of Fong Mi Yee Deceased 

[2026] HKCFA 35, the Court of Final Appeal decided that the holder of an absolute possessory title over a domestic flat resumed under the Lands Resumption Ordinance (Cap. 124) qualifies as an “owner” eligible to receive an 

 home purchase allowance under Lands Department guidelines.

The Court stressed the importance of interpreting administrative policies in a broad and untechnical manner in light of their object and purpose. Its central reasoning was that the exclusion of possessory title holders from the allowance would render them unable to obtain a “top up” to statutory compensation necessary to purchase replacement flats and not be driven out of home ownership. This decision also provides clarity in the law by overruling 

 [2021] 3 HKLRD 44 which had previously decided the same issue in favour of the Director.

, instructed by the Department of Justice, acted for the Director of Lands.

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Who is an “owner”? Court of Final Appeal rules that possessory title holders qualify for home purchase allowance

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