MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

Applying the three Cheung Man Yu criteria and construing the Deed of Gift together with continuous historical use and donor intention, the court found the Happy Valley and Lantau Properties were held for a public charity advancing Buddhism (the Lantau trust continuing beyond express life interests), whereas the Nathan Road Property failed the exclusivity and public benefit tests and formed part of the deceased's estate; burden of proof lay on D1 and expert evidence on customary monastic practice did not displace legal requirements for a charitable trust.

Citation
MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
Parties
Plaintiffs: Plaintiffs; 1st Defendant / Alleged Trustee: Buddhist Lecture Hall Inc (D1); 2nd Defendant: Flat A9, 5th Floor Mirador Mansion, No.58 Nathan Road (unnamed occupier); 3rd Defendant: 11th Floor, No.31 Wong Nai Chung Road occupiers (unnamed); 4th Defendant: Lot No.25 in DD No.307, Lantau Island occupiers (unnamed); Deceased / Testator / Registered Owner of Subject Properties: Priest To Lun (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2016
Case Number
HCA1193/2007
Procedural Posture
Civil Trust and Property Dispute Concerning Charitable Trusts and Intestacy / Trial Concluded; Judgment Delivered (3 August 2016)
Outcome
Judgment in part for Plaintiffs: Happy Valley and Lantau Properties declared subject to public charitable trusts for advancement of Buddhism; Nathan Road Property declared part of deceased estate and possession awarded to Plaintiffs; mesne profits and costs ordered.
Legal Topics
Charitable Trust, Advancement of Religion, Public Charity Criteria, Deed of Gift Interpretation, Burden of Proof, Mesne Profits and Possession, Admissibility of Expert Evidence, Oral Wills
Source Language
EN
Charity Law Trusts and Equity Property Law Probate and Intestacy Civil Procedure Evidence (expert and Hearsay) Charitable Trust Advancement of Religion +6 more

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Parties

Plaintiffs

Plaintiffs

Buddhist Lecture Hall Inc (D1)

1st Defendant / Alleged Trustee

Flat A9, 5th Floor Mirador Mansion, No.58 Nathan Road (unnamed occupier)

2nd Defendant

11th Floor, No.31 Wong Nai Chung Road occupiers (unnamed)

3rd Defendant

Lot No.25 in DD No.307, Lantau Island occupiers (unnamed)

4th Defendant

Priest To Lun (deceased)

Deceased / Testator / Registered Owner of Subject Properties

Procedural Posture

Civil Trust and Property Dispute Concerning Charitable Trusts and Intestacy / Trial Concluded; Judgment Delivered (3 August 2016)

Legal Issues

  1. 1 Whether the four subject properties were held on public charitable trusts for the advancement of Buddhism
  2. 2 Whether the deceased monk had divested personal beneficial interest in the properties by donation or oral will
  3. 3 Whether the Lantau Properties formed a continuing charitable trust beyond express life interests in the Deed of Gift

Ratio Decidendi

Applying the three Cheung Man Yu criteria and construing the Deed of Gift together with continuous historical use and donor intention, the court found the Happy Valley and Lantau Properties were held for a public charity advancing Buddhism (the Lantau trust continuing beyond express life interests), whereas the Nathan Road Property failed the exclusivity and public benefit tests and formed part of the deceased's estate; burden of proof lay on D1 and expert evidence on customary monastic practice did not displace legal requirements for a charitable trust.

Court Disposition

Judgment in part for Plaintiffs: Happy Valley and Lantau Properties declared subject to public charitable trusts for advancement of Buddhism; Nathan Road Property declared part of deceased estate and possession awarded to Plaintiffs; mesne profits and costs ordered.

Orders

  • Happy Valley Property declared subject to a public charity for the advancement of Buddhism and not part of the estate
  • Priest To Lun held legal title of the Happy Valley Property for and on behalf of that public charity