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Allen Au-yeung

A subsidiary of developer Henderson Land has succeeded in securing an interim court injunction against villagers and protesters over a piece of Fanling land, after complaining to a court that its property had been plunged into “a state of lawlessness”.
The injunction, granted by the High Court to Best Galaxy, effectively bans people from entering or occupying the piece of 5,500 sq ft land in Ma Shi Po that is owned by the subsidiary.
The court, hearing the urgent application outside normal procedural hours, also ordered people not to interfere with the subsidiary’s rights to the land and not obstruct Ma Sik Road, the sole street leading to the site.
Landlord, please ‘butt out’: Hong Kong farmers refuse to move despite court notice to vacate
After obtaining the injunction, solicitor Samuel Luk Hok-hing said: “We would inform relevant people with a written notice, hoping they would leave the location voluntarily as soon as possible.”
Luk said further action was to be discussed with the subsidiary, but it was understood the lawyers would get the court documents – required to be put up at the site as a condition of the injunction – certified today.
Becky Au Hei-man, daughter of villager Au Lau-kan who was a previous tenant of the area, said she was angry about the injunction and the developer’s legal bid to repossess the land for development as part of a new town project in the New Territories.
The founder of Mapopo Community Farm, Becky Au also said villagers and activists had vowed to stay and would seek legal ­advice.
The land was leased to Au Lau-kan until 2007, but Henderson has been trying to retrieve the site.
The area in question falls into the government’s new development plan for the northeastern New Territories, which has triggered a string of protests, including occupation, by villagers and activists in an attempt to defend the land.
Speaking to the media hours before the injunction application yesterday, Henderson Land executive director Augustine Wong Ho-ming said he had taken note of recent incidents in which security guards had scuffled with protesters.
“Since we don’t want any excessive action, we have to seek remedies from the court,” Wong said, claiming the firm wanted to avoid clashes.
The prospect of confrontation was reiterated to the court yesterday by senior counsel Johnny Mok Shiu-luen, representing the subsidiary in an ex parte hearing.
Mok went on to substantiate before Mr Justice Peter Ng Kar-fai that on one occasion, people had dismantled a pole after the subsidiary installed closed-circuit television equipment on it. On another occasion, wooden pellets were moved onto the premises.
“It is a state of lawlessness the plaintiff was confronted with,” he said, accusing some of using the case to rally others to campaign against the developer via social media even though the father’s lease on the area had long expired.
The injunction will last until Friday, when the court will conduct another hearing.


Injunction won over ‘lawless’ New Territories land

The founder of Mapopo Community Farm, Becky Au also said villagers and activists had vowed to stay and would seek legal ­advice.

News

Subsidiary of developer Henderson Land obtains court order to ban villagers from site earmarked for new town following occupation by protesters
