AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG’, a Religious Tong v. JAN FUNG AND OTHERS

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG’, a Religious Tong v. JAN FUNG AND OTHERS

The court found applicants (Sik; Jan & Pong) possess locus standi under s57A(a)(iii) because of genuine, historic and operational interests materially greater than the public (Sik as Abbot/successor and director of affiliated institutions; JP as family successors). Evidence established mismanagement and disorganised administration of the Tong’s external and financial affairs (poor handling of Goo Tai deposits, irrational obstruction of Yellow Road, opaque financial practices, convoluted arrangements during SCB account suspension, and unsatisfactory outsourcing through Graciously Affection). The Abridged Regulations require review and under their terms manageresses must be nuns; therefore...

Citation
[2023] HKCFI 1392
Parties
Plaintiff (hcmp 496/2017): 釋照月 (Sik Chiu Yuet); 1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019): Secretary for Justice; 2nd Defendant (hcmp 496/2017): Secretary for Home Affairs; 3rd Defendant (hcmp 496/2017); Plaintiff (hca 595/2019) in Associated Action: Man Wa Tong (曼華堂) / Chuk Lam Sim Yuen (Temple); Plaintiff / Manageress / Member: Au-Yeung Shun Mei (歐陽順美); Plaintiff / Manageress / Member: Poon Kit Fong (潘潔芳); Member (tong) / Defendant in Counterclaims: Wong Mee Chun Eallen (王美珍); Member (tong): Lui Oi Ha (雷靄霞); 1st Defendant (hca 595/2019) / Counterclaimant: Jan Fung (詹豐); 2nd Defendant (hca 595/2019) / Counterclaimant: Pong Chung Wai (龐宗懷)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2023
Case Number
HCA595/2019
Procedural Posture
Charitable Trust / Trustee Ordinance Proceedings (application Under Trustee Ordinance S57 a for Better Administration) / Judgment After Trial (judgment Dated 30 May 2023)
Outcome
Court granted Better Administration Order (BAO); declared Au-Yeung and Poon unqualified as manageresses and ordered removal; declared Wong not qualified as member and ordered removal; dismissed Tong possession claim against Pong; declared Pong entitled to reside in Attached Block rent free for life with vacatur of...
Legal Topics
Better Administration Order, Locus Standi Under Trustee Ordinance S57 a, Removal of Statutory Managers, Mismanagement of Charitable Funds, Licence and Right of Way (tomlin Order Yellow Road), Bank Account Suspension and Interim Financial Arrangements, Possession / Licences to Occupy
Source Language
EN
Charity Law Trusts Religious Organisation Law Property Law Civil Procedure Better Administration Order Locus Standi Under Trustee Ordinance S57 a Removal of Statutory Managers +4 more

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Parties

釋照月 (Sik Chiu Yuet)

Plaintiff (hcmp 496/2017)

Secretary for Justice

1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019)

Secretary for Home Affairs

2nd Defendant (hcmp 496/2017)

Man Wa Tong (曼華堂) / Chuk Lam Sim Yuen (Temple)

3rd Defendant (hcmp 496/2017); Plaintiff (hca 595/2019) in Associated Action

Au-Yeung Shun Mei (歐陽順美)

Plaintiff / Manageress / Member

Poon Kit Fong (潘潔芳)

Plaintiff / Manageress / Member

Wong Mee Chun Eallen (王美珍)

Member (tong) / Defendant in Counterclaims

Lui Oi Ha (雷靄霞)

Member (tong)

Jan Fung (詹豐)

1st Defendant (hca 595/2019) / Counterclaimant

Pong Chung Wai (龐宗懷)

2nd Defendant (hca 595/2019) / Counterclaimant

Procedural Posture

Charitable Trust / Trustee Ordinance Proceedings (application Under Trustee Ordinance S57 a for Better Administration) / Judgment After Trial (judgment Dated 30 May 2023)

Legal Issues

  1. 1 Whether Sik and JP have locus standi under s57A(a)(iii) as persons otherwise interested in the trust
  2. 2 Whether there has been mismanagement of the Tong’s general and financial affairs justifying a BAO
  3. 3 Whether existing manageresses/members are qualified under the Abridged Regulations and whether they should be removed

Ratio Decidendi

The court found applicants (Sik; Jan & Pong) possess locus standi under s57A(a)(iii) because of genuine, historic and operational interests materially greater than the public (Sik as Abbot/successor and director of affiliated institutions; JP as family successors). Evidence established mismanagement and disorganised administration of the Tong’s external and financial affairs (poor handling of Goo Tai deposits, irrational obstruction of Yellow Road, opaque financial practices, convoluted arrangements during SCB account suspension, and unsatisfactory outsourcing through Graciously Affection). The Abridged Regulations require review and under their terms manageresses must be nuns; therefore...

Court Disposition

Court granted Better Administration Order (BAO); declared Au-Yeung and Poon unqualified as manageresses and ordered removal; declared Wong not qualified as member and ordered removal; dismissed Tong possession claim against Pong; declared Pong entitled to reside in Attached Block rent free for life with vacatur of...

Orders

  • Grant a Better Administration Order (BAO) for Man Wa Tong; direct Secretary for Justice to assist court on format and scope and fix a further half-day hearing to determine BAO terms
  • Do not freeze the Tong’s bank accounts at this stage (no order to freeze)