ABSTRACT
This case note examines the Hong Kong Court of Final Appeal’s decision in To Sze On v Yim Tin Fook [2026] HKCFA 17. While the appeal was ultimately resolved on land registration grounds under the Land Registration Ordinance, the Court went further in rejecting the orthodox rule that a purported sub-lease exceeding the grantor’s term operates as an assignment. The note argues that this departure was unnecessary, doctrinally unstable, and inconsistent with settled principles of recharacterisation and leasehold estates.
Jing, Jeremy Hui and Low, Kelvin FK, Leases without Reversions: ‘solving’ Milmo v Carreras (May 1, 2026), (2027) Law Quarterly Review (forthcoming).
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