RE MOK KAM KWAI AND OTHERS

RE MOK KAM KWAI AND OTHERS

The court found on the evidence that the registered owners held the lot as trustees for the Sha Tin Rural Committee, that those owners are deceased and that the applicants could not locate their personal representatives or families; accordingly, exercising its statutory power under sections 42 and 45(a) of the Trustee Ordinance the court ordered that the lot be vested in the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant.

Citation
[2018] HKCFI 1739
Parties
1st Applicant (beneficiary): Sha Tin Rural Committee; 2nd Applicant (chairman and Proposed Trustee): 2nd Applicant (Chairman of Sha Tin Rural Committee); 3rd Applicant (vice Chairman and Proposed Trustee): 3rd Applicant (Vice-Chairman of Sha Tin Rural Committee); 4th Applicant (vice Chairman and Proposed Trustee): 4th Applicant (Vice-Chairman of Sha Tin Rural Committee); Registered Owner (deceased, Former Trustee): Ng Din Ping (aka Ng Tin Ping); Registered Owner (deceased, Former Trustee): Tsang Kwong Yan; Registered Owner (deceased, Former Trustee): Ng Chung Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2018
Case Number
HCMP815/2018
Procedural Posture
Trusts Vesting Application Under the Trustee Ordinance (miscellaneous Proceedings) / Decision of the Court of First Instance (single Judge)
Outcome
Vesting order granted: Lot No. 144 vested in the names of the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant; no order as to costs.
Legal Topics
Vesting Order, Trustee Ordinance S42, Trustee Ordinance S45(a), Beneficial Ownership, Missing Personal Representatives
Source Language
EN
Trusts Property Equity Civil Procedure Vesting Order Trustee Ordinance S42 Trustee Ordinance S45(a) Beneficial Ownership +1 more

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Parties

Sha Tin Rural Committee

1st Applicant (beneficiary)

2nd Applicant (Chairman of Sha Tin Rural Committee)

2nd Applicant (chairman and Proposed Trustee)

3rd Applicant (Vice-Chairman of Sha Tin Rural Committee)

3rd Applicant (vice Chairman and Proposed Trustee)

4th Applicant (Vice-Chairman of Sha Tin Rural Committee)

4th Applicant (vice Chairman and Proposed Trustee)

Ng Din Ping (aka Ng Tin Ping)

Registered Owner (deceased, Former Trustee)

Tsang Kwong Yan

Registered Owner (deceased, Former Trustee)

Ng Chung Chi

Registered Owner (deceased, Former Trustee)

Procedural Posture

Trusts Vesting Application Under the Trustee Ordinance (miscellaneous Proceedings) / Decision of the Court of First Instance (single Judge)

Legal Issues

  1. 1 Whether Lot No. 144 was held by the registered owners as trustees for the benefit of the 1st applicant
  2. 2 Whether the registered owners are deceased and their personal representatives or families cannot be located
  3. 3 Whether the court should make a vesting order under section 42 and section 45(a) of the Trustee Ordinance

Ratio Decidendi

The court found on the evidence that the registered owners held the lot as trustees for the Sha Tin Rural Committee, that those owners are deceased and that the applicants could not locate their personal representatives or families; accordingly, exercising its statutory power under sections 42 and 45(a) of the Trustee Ordinance the court ordered that the lot be vested in the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant.

Court Disposition

Vesting order granted: Lot No. 144 vested in the names of the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant; no order as to costs.

Orders

  • Lot No. 144 in Demarcation District No. 183 is vested in the names of the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant.
  • No order as to costs.