SHUM CHOI SANG AND OTHERS v. SECRETARY FOR JUSTICE AND ANOTHER

SHUM CHOI SANG AND OTHERS v. SECRETARY FOR JUSTICE AND ANOTHER

The Land is held on a charitable purpose trust to establish and operate a school; the 1911 assignee (Lau) held the Land as trustee under that charitable purpose; Lau is presumed deceased so a new trustee should be appointed; a corporate trustee (Confucian Hall of Hong Kong Limited) is the appropriate candidate subject to a court‑approved cy‑pres scheme because the Land can no longer practically be used as a primary school; the court will not dissolve the Society but will direct a meeting to wind up its affairs; the court declines to grant a declaration of charitable status at this stage pending further evidence.

Citation
SHUM CHOI SANG AND OTHERS v. SECRETARY FOR JUSTICE AND ANOTHER
Parties
1st Applicant: SHUM CHOI SANG; 2nd Applicant: AU KIT MING; 3rd Applicant: HOU YUEN KIN; 1st Respondent: SECRETARY FOR JUSTICE; 2nd Respondent: OFFICIAL ADMINISTRATOR for the Estate of Lau Chu Pak, deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2010
Case Number
HCMP140/2009
Procedural Posture
Miscellaneous Proceedings (originating Summons) / Judgment
Outcome
Land declared held on charitable trust; Lau held as trustee; directed appointment of Confucian Hall of Hong Kong Limited as trustee subject to a court‑approved cy‑pres scheme; directed procedural steps for scheme and for winding up Society; declined to declare charitable status at this stage; costs ordered as per...
Legal Topics
Cy Pres Scheme, Appointment of Trustee, Dissolution of Unincorporated Association, Declaration of Charitable Status, Vesting of Land, Administration of Charitable Trust
Source Language
EN
Charity Law Trusts Property Law Civil Procedure Unincorporated Associations Cy Pres Scheme Appointment of Trustee Dissolution of Unincorporated Association +3 more

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Parties

SHUM CHOI SANG

1st Applicant

AU KIT MING

2nd Applicant

HOU YUEN KIN

3rd Applicant

SECRETARY FOR JUSTICE

1st Respondent

OFFICIAL ADMINISTRATOR for the Estate of Lau Chu Pak, deceased

2nd Respondent

Procedural Posture

Miscellaneous Proceedings (originating Summons) / Judgment

Legal Issues

  1. 1 Whether the Land is held on a charitable trust and the nature of that trust
  2. 2 Who should be appointed trustee following death of original trustee
  3. 3 Whether a cy-pres scheme is required because the Land can no longer be used as a school

Ratio Decidendi

The Land is held on a charitable purpose trust to establish and operate a school; the 1911 assignee (Lau) held the Land as trustee under that charitable purpose; Lau is presumed deceased so a new trustee should be appointed; a corporate trustee (Confucian Hall of Hong Kong Limited) is the appropriate candidate subject to a court‑approved cy‑pres scheme because the Land can no longer practically be used as a primary school; the court will not dissolve the Society but will direct a meeting to wind up its affairs; the court declines to grant a declaration of charitable status at this stage pending further evidence.

Court Disposition

Land declared held on charitable trust; Lau held as trustee; directed appointment of Confucian Hall of Hong Kong Limited as trustee subject to a court‑approved cy‑pres scheme; directed procedural steps for scheme and for winding up Society; declined to declare charitable status at this stage; costs ordered as per...

Orders

  • Applicants to submit a cy-pres scheme to the Secretary for Justice for comment within 30 days
  • Secretary for Justice to file and serve comments on the scheme within 14 days of receipt