釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

The court found sufficient evidence of mismanagement and incapacity to administer the Tong's charitable trust (disorganized administration, inadequate financial controls, problematic outsourcing to related private charity, failure to safeguard Goo Tai deposits, improper obstruction of access) and that Sik and JP had locus to seek relief under s57A(a)(iii); consequently a BAO was warranted, the two registered manageresses were unqualified/incompetent and should be removed, one member (Wong) was unqualified and removed, certain claims by the Tong against Jan and Pong were dismissed, and limited proprietary/licence relief was granted to Pong for an attached block only.

Citation
[2023] HKCFI 1392
Parties
Plaintiff (hcmp 496/2017): 釋照月; 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): Man Wa Tong (曼華堂); 3rd Defendant (hcmp 496/2017); Plaintiff (hca 595/2019): AU-YEUNG SHUN MEI; 3rd Defendant (hcmp 496/2017); Plaintiff (hca 595/2019): POON KIT FONG; Member / Witness (man Wa Tong): WONG MEE CHUN (Eallen); Member / Witness (man Wa Tong): LUI OI HA; 1st Defendant (hca 595/2019): Jan Fung (詹豐); 2nd Defendant (hca 595/2019): Pong Chung Wai (龐宗懷)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2023
Case Number
HCMP496/2017
Procedural Posture
Charitable Trust Litigation (trustee Ordinance S57 A) With Related Possession/action HCA 595/2019 / Judgment Following Trial (trial Concluded; Judgment Delivered 30 May 2023)
Outcome
Judgment for applicants in part: Better Administration Order granted; declarations removing AuYeung and Poon as manageresses and removing Wong as member; dismissal of major claims against Pong; damages ordered against Jan for wrongful retention of Tong documents to be assessed; certain claims for account and enquiry...
Legal Topics
Better Administration Order (bao), Locus Standi, Removal of Trustees/manageresses, Mismanagement of Charitable Funds, Possession/mesne Profits, Right of Way/access Easement, Columbarium Regulation, Privacy (personal Data)
Source Language
EN
Trusts Charity Law Property Law Civil Procedure Administrative Law Data Privacy Better Administration Order (bao) Locus Standi +6 more

Case Brief

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Parties

釋照月

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)

3rd Defendant (hcmp 496/2017)

AU-YEUNG SHUN MEI

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

POON KIT FONG

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

WONG MEE CHUN (Eallen)

Member / Witness (man Wa Tong)

LUI OI HA

Member / Witness (man Wa Tong)

Jan Fung (詹豐)

1st Defendant (hca 595/2019)

Pong Chung Wai (龐宗懷)

2nd Defendant (hca 595/2019)

Procedural Posture

Charitable Trust Litigation (trustee Ordinance S57 A) With Related Possession/action HCA 595/2019 / Judgment Following Trial (trial Concluded; Judgment Delivered 30 May 2023)

Legal Issues

  1. 1 Whether Sik and JP had locus standi under Trustee Ordinance s57A(a)(iii) to seek BAO
  2. 2 Whether there was mismanagement of the Tong's general and financial affairs
  3. 3 Whether manageresses and members were qualified under the Abridged Regulations

Ratio Decidendi

The court found sufficient evidence of mismanagement and incapacity to administer the Tong's charitable trust (disorganized administration, inadequate financial controls, problematic outsourcing to related private charity, failure to safeguard Goo Tai deposits, improper obstruction of access) and that Sik and JP had locus to seek relief under s57A(a)(iii); consequently a BAO was warranted, the two registered manageresses were unqualified/incompetent and should be removed, one member (Wong) was unqualified and removed, certain claims by the Tong against Jan and Pong were dismissed, and limited proprietary/licence relief was granted to Pong for an attached block only.

Court Disposition

Judgment for applicants in part: Better Administration Order granted; declarations removing AuYeung and Poon as manageresses and removing Wong as member; dismissal of major claims against Pong; damages ordered against Jan for wrongful retention of Tong documents to be assessed; certain claims for account and enquiry...

Orders

  • Grant BAO for Man Wa Tong; direct parties to fix further hearing to determine format and scope of BAO
  • Declare AuYeung Shun Mei and Poon Kit Fong were/are not qualified to be manageresses and order their removal; appoint interim manageresses as part of BAO process