THE HONG KONG BUDDHIST ASSOCIATION, THE INTERIM ADMINISTRATOR AND MANAGER OF MAN WA TONG (ALSO KNOWN AS MAN WAH TONG) (ALSO KNOWN AS CHUK LAM SIM YUEN), A RELIGIOUS TONG v. JAN FUNG AND OTHERS

THE HONG KONG BUDDHIST ASSOCIATION, THE INTERIM ADMINISTRATOR AND MANAGER OF MAN WA TONG (ALSO KNOWN AS MAN WAH TONG) (ALSO KNOWN AS CHUK LAM SIM YUEN), A RELIGIOUS TONG v. JAN FUNG AND OTHERS

The Court found a further nine‑month extension of HKBA's interim appointment was reasonable and necessary to allow completion and court exhibition of the BAO and related tasks, and ordered the extension pegged to the later of nine months or the sanctioning of the BAO; the taxation summons was dismissed because time to commence taxation had not begun to run as the costs order was nisi and relevant appeals and applications remained extant, and costs of that summons were ordered against Jan and Pong and assessed at $5,000.

Citation
[2025] HKCFI 3015
Parties
Plaintiff (hcmp 496/2017): 釋照月; 1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019): The Secretary for Justice; 2nd Defendant (hcmp 496/2017): The Secretary for Home Affairs; 3rd Defendant (hcmp 496/2017); Plaintiff (hca 595/2019); Interim Administrator: The Hong Kong Buddhist Association; Religious Tong / Party: The Interim Administrator and Manager of Man Wa Tong (Man Wah Tong / Chuk Lam Sim Yuen); 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
11 July 2025
Case Number
HCA595/2019
Procedural Posture
Application for Extension of Interim Management Appointment and Application Concerning Taxation of Costs (hcmp 496/2017; HCA 595/2019) / Hearing and Decision on Extension Summons and Taxation Summons (application Decided by Reasons Dated 11 July 2025)
Outcome
Extension of interim appointment granted; taxation summons dismissed; costs orders made
Legal Topics
Interim Appointment Extension, Better Administration Order (bao), Taxation of Costs, Nisi Costs Orders, Effect of Pending Appeals on Commencement of Taxation
Source Language
EN
Civil Procedure Costs and Taxation Trusts and Property Management Religious Institutions Administration Interim Appointment Extension Better Administration Order (bao) Taxation of Costs Nisi Costs Orders +1 more

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Parties

釋照月

Plaintiff (hcmp 496/2017)

The Secretary for Justice

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

The Secretary for Home Affairs

2nd Defendant (hcmp 496/2017)

The Hong Kong Buddhist Association

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

The Interim Administrator and Manager of Man Wa Tong (Man Wah Tong / Chuk Lam Sim Yuen)

Religious Tong / Party

Jan Fung (詹豐)

1st Defendant (hca 595/2019)

Pong Chung Wai (龐宗懷)

2nd Defendant (hca 595/2019)

Procedural Posture

Application for Extension of Interim Management Appointment and Application Concerning Taxation of Costs (hcmp 496/2017; HCA 595/2019) / Hearing and Decision on Extension Summons and Taxation Summons (application Decided by Reasons Dated 11 July 2025)

Legal Issues

  1. 1 Whether the interim appointment of HKBA should be extended and for what period
  2. 2 Whether time has begun to run for commencement of taxation of the Costs Order
  3. 3 Whether costs should be awarded for the taxation summons and who should bear them

Ratio Decidendi

The Court found a further nine‑month extension of HKBA's interim appointment was reasonable and necessary to allow completion and court exhibition of the BAO and related tasks, and ordered the extension pegged to the later of nine months or the sanctioning of the BAO; the taxation summons was dismissed because time to commence taxation had not begun to run as the costs order was nisi and relevant appeals and applications remained extant, and costs of that summons were ordered against Jan and Pong and assessed at $5,000.

Court Disposition

Extension of interim appointment granted; taxation summons dismissed; costs orders made

Orders

  • Appointment of The Hong Kong Buddhist Association as interim administrator and manager of Man Wa Tong extended by nine months 'regardless of whether the appeals in CACV 195/2023 and CACV 196/2023 have been determined or otherwise disposed of or until the BAO is sanctioned by the Court pursuant to paragraph (c) of...
  • No order as to costs in relation to the Extension Summons