AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG , a Religious Tong v. JAN FUNG AND OTHERS

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG , a Religious Tong v. JAN FUNG AND OTHERS

The application to excuse SJ from attending the trial was refused because the proceedings involve serious allegations of internal mismanagement and seek orders affecting the administration of a charity (including reliefs against SJ), SJ has a duty as parens patriae to protect charitable interests and assist the court, the original trial estimate assumed SJ's participation, watching brief would be insufficient, and fairness and proportionality favoured requiring SJ's attendance to ensure the court can be properly assisted.

Citation
[2022] HKCFI 2293
Parties
Plaintiff (hcmp 496/2017): 釋照月; 1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019): SECRETARY FOR JUSTICE; 2nd Defendant (hcmp 496/2017): SECRETARY FOR HOME AFFAIRS; 3rd Defendant (hcmp 496/2017); Plaintiffs (hca 595/2019): AU-YEUNG SHUN MEI & POON KIT FONG; Unincorporated Association; 3rd Defendant (hcmp 496/2017); Subject of HCA 595/2019: MAN WA TONG (曼華堂); 1st Defendant (hca 595/2019): JAN FUNG; 2nd Defendant (hca 595/2019): PONG CHUNG WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2022
Case Number
HCA595/2019
Procedural Posture
Trustee/charity Proceedings Under Trustee Ordinance / Pre Trial Review (ptr) Ahead of a 14 Day Trial Scheduled to Commence 31 August 2022
Outcome
Application to excuse the Secretary for Justice from attending the trial refused
Legal Topics
Parens Patriae, Better Administration Order, Standing/locus Standi, Attendance of Secretary for Justice, Mismanagement of Charity, Trustees' Fiduciary Duties
Source Language
EN
Charity Law Trusts Civil Procedure Parens Patriae Better Administration Order Standing/locus Standi Attendance of Secretary for Justice Mismanagement of Charity +1 more

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Parties

釋照月

Plaintiff (hcmp 496/2017)

SECRETARY FOR JUSTICE

1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019)

SECRETARY FOR HOME AFFAIRS

2nd Defendant (hcmp 496/2017)

AU-YEUNG SHUN MEI & POON KIT FONG

3rd Defendant (hcmp 496/2017); Plaintiffs (hca 595/2019)

MAN WA TONG (曼華堂)

Unincorporated Association; 3rd Defendant (hcmp 496/2017); Subject of HCA 595/2019

JAN FUNG

1st Defendant (hca 595/2019)

PONG CHUNG WAI

2nd Defendant (hca 595/2019)

Procedural Posture

Trustee/charity Proceedings Under Trustee Ordinance / Pre Trial Review (ptr) Ahead of a 14 Day Trial Scheduled to Commence 31 August 2022

Legal Issues

  1. 1 Whether the Secretary for Justice (SJ) should be excused from attending the scheduled 14-day trial as parens patriae and protector of charities
  2. 2 Whether SJ's limited investigatory resources and neutral stance justify non-attendance
  3. 3 Whether the nature of the pleaded allegations (alleged mismanagement and internal conduct of Man Wa Tong) requires SJ's participation

Ratio Decidendi

The application to excuse SJ from attending the trial was refused because the proceedings involve serious allegations of internal mismanagement and seek orders affecting the administration of a charity (including reliefs against SJ), SJ has a duty as parens patriae to protect charitable interests and assist the court, the original trial estimate assumed SJ's participation, watching brief would be insufficient, and fairness and proportionality favoured requiring SJ's attendance to ensure the court can be properly assisted.

Court Disposition

Application to excuse the Secretary for Justice from attending the trial refused

Orders

  • Secretary for Justice shall attend the trial in both capacities (for SJ and for Secretary for Home Affairs) commencing 31 August 2022
  • Order as to costs of this application reserved to be dealt with after the trial