RE GOVERNMENT OF HONG KONG

RE GOVERNMENT OF HONG KONG

The court will grant the vesting order sought where the applicant proves attainment of majority and the death of the registered trustee and where the land office refuses to effect the administrative divestment; however, the land office should reinstate its former practice of deleting trusteeship on proof to avoid unnecessary litigation and legislative amendment to section 18 should be considered.

Citation
RE GOVERNMENT OF HONG KONG
Parties
Applicant / Former Minor / Beneficiary: Tang Shui Wah (alias Tang Sui Wa); Registered Trustee: Li Fat Tai; Respondent / Registrar of Lands: Land Office / Government of Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 1987
Case Number
HCMP2133/1987
Procedural Posture
Vesting Order Application (ex‑parte Originating Summons) / Judgment on Application
Outcome
Vesting order granted in favour of the applicant.
Legal Topics
Vesting Order, Trusteeship of Minors, Land Registration, New Territories Ordinance Reform
Source Language
EN
Property Law Trusts Administrative Law Succession Law Vesting Order Trusteeship of Minors Land Registration New Territories Ordinance Reform

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Parties

Tang Shui Wah (alias Tang Sui Wa)

Applicant / Former Minor / Beneficiary

Li Fat Tai

Registered Trustee

Land Office / Government of Hong Kong

Respondent / Registrar of Lands

Procedural Posture

Vesting Order Application (ex‑parte Originating Summons) / Judgment on Application

Legal Issues

  1. 1 Whether the High Court should grant a vesting order where a minor attains majority and the registered trustee dies
  2. 2 Whether the Land Office should, on evidence of majority and death of trustee, remove trusteeship from the register without court proceedings
  3. 3 Whether section 18 of the New Territories Ordinance requires amendment to allow administrative divestment

Ratio Decidendi

The court will grant the vesting order sought where the applicant proves attainment of majority and the death of the registered trustee and where the land office refuses to effect the administrative divestment; however, the land office should reinstate its former practice of deleting trusteeship on proof to avoid unnecessary litigation and legislative amendment to section 18 should be considered.

Court Disposition

Vesting order granted in favour of the applicant.

Orders

  • Vesting order made in favour of Tang Shui Wah (alias Tang Sui Wa) in respect of the property described in the proceedings