LAI CHIK KUN MICHAEL AND OTHERS v. THE BAPTIST CONVENTION OF HONG KONG AND ANOTHER

LAI CHIK KUN MICHAEL AND OTHERS v. THE BAPTIST CONVENTION OF HONG KONG AND ANOTHER

Summons dismissed because no relief was claimed against SJ, SJ had no personal knowledge to assist factually, his attendance would duplicate existing counsel and impose disproportionate public and trust costs, and his decision not to participate was a lawful, rational exercise of discretion.

Citation
[2025] HKCFI 647
Parties
1st Plaintiff: LAI CHIK KUN MICHAEL; 2nd Plaintiff: KOO MING KOWN; 3rd Plaintiff: CHIENG SAI YUNG WILSON; 4th Plaintiff: WOO HON YUE; 5th Plaintiff: CHAN TAK WAH; 6th Plaintiff: KO JACK LUM; 1st Defendant: THE BAPTIST CONVENTION OF HONG KONG; 2nd Defendant: THE SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 February 2025
Case Number
HCA2741/2018
Procedural Posture
Civil Action Concerning Charitable Trust and Recovery of Donations / Interlocutory Hearing on Plaintiffs' Summons to Compel Secretary for Justice to Attend Trial
Outcome
Summons dismissed
Legal Topics
Parens Patriae, Charitable Trust, Breach of Trust, Attendance at Trial, Proportionality, Public Funds Allocation
Source Language
EN
Charity Law Trusts Civil Procedure Costs Parens Patriae Charitable Trust Breach of Trust Attendance at Trial +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LAI CHIK KUN MICHAEL

1st Plaintiff

KOO MING KOWN

2nd Plaintiff

CHIENG SAI YUNG WILSON

3rd Plaintiff

WOO HON YUE

4th Plaintiff

CHAN TAK WAH

5th Plaintiff

KO JACK LUM

6th Plaintiff

THE BAPTIST CONVENTION OF HONG KONG

1st Defendant

THE SECRETARY FOR JUSTICE

2nd Defendant

Procedural Posture

Civil Action Concerning Charitable Trust and Recovery of Donations / Interlocutory Hearing on Plaintiffs' Summons to Compel Secretary for Justice to Attend Trial

Legal Issues

  1. 1 Whether a charitable trust exists
  2. 2 Whether the 1st Defendant breached trustee duties
  3. 3 Whether the Secretary for Justice should be compelled to attend and participate at trial

Ratio Decidendi

Summons dismissed because no relief was claimed against SJ, SJ had no personal knowledge to assist factually, his attendance would duplicate existing counsel and impose disproportionate public and trust costs, and his decision not to participate was a lawful, rational exercise of discretion.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed with costs to be borne by the Plaintiffs
  • On a nisi basis costs to the Secretary for Justice are summarily assessed at HKD 57441