釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

The court granted the 9‑month extension of HKBA's appointment, pegged to the date the BAO is sanctioned or, if later, nine months from the order, because HKBA proved the extension was reasonable given the work required and the appeals context. The Taxation Summons was dismissed because time to commence taxation had not begun to run as the Costs Order was a nisi order and related proceedings and appeals remained extant. Costs of the Taxation Summons were ordered against Jan and Pong and summarily assessed at HK$5,000; no order as to costs for the Extension Summons.

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): The Hong Kong Buddhist Association; Party; Interim Administrator and Manager (religious Tong): 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
HCMP496/2017
Procedural Posture
HCMP 496/2017 & HCA 595/2019 (heard Together) / Chambers Hearing on Extension of Interim Appointment and Taxation Summons; Reasons for Decision and Decision on Costs
Outcome
Extension Summons granted; appointment extended for nine months pegged to BAO sanction or later. Taxation Summons dismissed. Costs orders made as set out below.
Legal Topics
Extension of Interim Administration, Better Administration Order (bao), Taxation of Costs, Nisi Costs Order, Withdrawal of Appeals, Court Discretion on Costs
Source Language
EN
Civil Procedure Costs and Taxation Charity and Religious Organisation Administration Appeal Procedure Extension of Interim Administration Better Administration Order (bao) Taxation of Costs Nisi Costs Order +2 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 and Manager of Man Wa Tong (Man Wah Tong / Chuk Lam Sim Yuen)

Party; Interim Administrator and Manager (religious Tong)

Jan Fung (詹豐)

1st Defendant (hca 595/2019)

Pong Chung Wai (龐宗懷)

2nd Defendant (hca 595/2019)

Procedural Posture

HCMP 496/2017 & HCA 595/2019 (heard Together) / Chambers Hearing on Extension of Interim Appointment and Taxation Summons; Reasons for Decision and Decision on Costs

Legal Issues

  1. 1 Whether the appointment of HKBA as interim administrator and manager of Man Wa Tong should be extended and for what period
  2. 2 Whether time to commence taxation of the Costs Order has begun to run under Order 62 r.22
  3. 3 Whether costs should be awarded in respect of the Taxation Summons

Ratio Decidendi

The court granted the 9‑month extension of HKBA's appointment, pegged to the date the BAO is sanctioned or, if later, nine months from the order, because HKBA proved the extension was reasonable given the work required and the appeals context. The Taxation Summons was dismissed because time to commence taxation had not begun to run as the Costs Order was a nisi order and related proceedings and appeals remained extant. Costs of the Taxation Summons were ordered against Jan and Pong and summarily assessed at HK$5,000; no order as to costs for the Extension Summons.

Court Disposition

Extension Summons granted; appointment extended for nine months pegged to BAO sanction or later. Taxation Summons dismissed. Costs orders made as set out below.

Orders

  • Appointment of The Hong Kong Buddhist Association as interim administrator and manager of Man Wa Tong is extended for 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)...
  • No order as to costs in relation to the Extension Summons