SECRETARY FOR JUSTICE (as representative of the parens patriae) v. SECRETARY FOR JUSTICE representing HKSAR AND OTHERS

SECRETARY FOR JUSTICE (as representative of the parens patriae) v. SECRETARY FOR JUSTICE representing HKSAR AND OTHERS

The court held that Tsing Shan Monastery is a public monastery and a charity; properties (including those in the personal names of founders) vested in the Monastery by the 1936 succession under s.29 NTR Ordinance and the founders manifested an intention to settle them for the Monastery such that Strong v Bird conditions are satisfied; accordingly the properties are held on trust for religious purposes for the public benefit, the proposed Scheme of Trust is approved, HSBC Trustee (HK) Limited is appointed Custodian Trustee and the court made vesting, possession, accounting and specified costs orders.

Citation
SECRETARY FOR JUSTICE (as representative of the parens patriae) v. SECRETARY FOR JUSTICE representing HKSAR AND OTHERS
Parties
Plaintiff (as Parens Patriae): Secretary for Justice; 1st Defendant: Secretary for Justice representing HKSAR; 2nd Defendant: The Chinese Temple Committee; 3rd Defendant: Chan Yat San; 3rd Defendant: Lau Wong Fat; 3rd Defendant: Ho Sun Wing; 4th Defendant (manager of to Ka Yi Tso): To Kan Chi; 4th Defendant (manager of to Ka Yi Tso): To Fuk Tim; 4th Defendant (manager of to Ka Yi Tso): To Kam Chau; 5th Defendant: Pui Man Yau alias Sik Kwok Wah; 6th Defendant: Secretary for Home Affairs; 7th Defendant: Incorporated Team Sing Consultants Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2002
Case Number
HCMP4818/2001
Procedural Posture
Miscellaneous Proceedings (charitable Trust / Parens Patriae) / Judgment and Orders Approving Scheme of Arrangement; Vesting Order and Costs (final at Trial Part Ii)
Outcome
Declarations granted: Monastery is a public monastery and a charity; specified properties held on trust for religious purposes for the public at large; Scheme of Trust approved; HSBC Trustee (Hong Kong) Limited appointed Custodian Trustee; Vesting Order made; 5th defendant ordered to deliver possession and account;...
Legal Topics
Parens Patriae, Public Monastery Status, Charitable Trust, Vesting Order, Strong V Bird, Scheme of Arrangement, Possession and Accounts, Costs Orders
Source Language
ET
Charity Law Trusts and Fiduciary Law Property Law Civil Procedure Administrative Law Parens Patriae Public Monastery Status Charitable Trust +5 more

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Parties

Secretary for Justice

Plaintiff (as Parens Patriae)

Secretary for Justice representing HKSAR

1st Defendant

The Chinese Temple Committee

2nd Defendant

Chan Yat San

3rd Defendant

Lau Wong Fat

3rd Defendant

Ho Sun Wing

3rd Defendant

To Kan Chi

4th Defendant (manager of to Ka Yi Tso)

To Fuk Tim

4th Defendant (manager of to Ka Yi Tso)

To Kam Chau

4th Defendant (manager of to Ka Yi Tso)

Pui Man Yau alias Sik Kwok Wah

5th Defendant

Secretary for Home Affairs

6th Defendant

Incorporated Team Sing Consultants Limited

7th Defendant

Procedural Posture

Miscellaneous Proceedings (charitable Trust / Parens Patriae) / Judgment and Orders Approving Scheme of Arrangement; Vesting Order and Costs (final at Trial Part Ii)

Legal Issues

  1. 1 Whether Tsing Shan Monastery is a public monastery under Chinese customary law
  2. 2 Whether the Monastery is a charity and its properties subject to a charitable trust
  3. 3 Whether properties registered in personal names were held on trust or became effectively vested in the Monastery (application of Strong v Bird and s29 New Territories Regulation Ordinance)

Ratio Decidendi

The court held that Tsing Shan Monastery is a public monastery and a charity; properties (including those in the personal names of founders) vested in the Monastery by the 1936 succession under s.29 NTR Ordinance and the founders manifested an intention to settle them for the Monastery such that Strong v Bird conditions are satisfied; accordingly the properties are held on trust for religious purposes for the public benefit, the proposed Scheme of Trust is approved, HSBC Trustee (HK) Limited is appointed Custodian Trustee and the court made vesting, possession, accounting and specified costs orders.

Court Disposition

Declarations granted: Monastery is a public monastery and a charity; specified properties held on trust for religious purposes for the public at large; Scheme of Trust approved; HSBC Trustee (Hong Kong) Limited appointed Custodian Trustee; Vesting Order made; 5th defendant ordered to deliver possession and account;...

Orders

  • Scheme of Trust approved
  • HSBC Trustee (Hong Kong) Limited appointed Custodian Trustee and entitled to fees per Schedule 2