CHE YIM MEI v. LEI SIO PENG, in her personal capacity and as one of the Executrices of the estate of LEE MING YUEN, deceased AND ANOTHER

CHE YIM MEI v. LEI SIO PENG, in her personal capacity and as one of the Executrices of the estate of LEE MING YUEN, deceased AND ANOTHER

The execution of the Notice of Severance by the deceased was not an 'alienation' prohibited by s.17B because converting the form of co-ownership (joint tenancy to tenancy-in-common) is a family/private arrangement that does not defeat the purpose of the Home Ownership Scheme; s.17B prohibits positive acts that allow owners to take unfair advantage of the Scheme's discount to make a quick profit, which was not shown here.

Citation
[2021] HKDC 839
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st defendant; 2nd Defendant: 2nd defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 July 2021
Case Number
DCMP3500/2020
Procedural Posture
Miscellaneous Proceedings / Judgment
Outcome
Plaintiff's case dismissed with costs to the 1st and 2nd defendants
Legal Topics
Section 17 B Housing Ordinance, Notice of Severance, Joint Tenancy Severance, Home Ownership Scheme
Source Language
EN
Housing Law Property Law Succession Law Section 17 B Housing Ordinance Notice of Severance Joint Tenancy Severance Home Ownership Scheme

Case Brief

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Parties

Plaintiff

Plaintiff

1st defendant

1st Defendant

2nd defendant

2nd Defendant

Procedural Posture

Miscellaneous Proceedings / Judgment

Legal Issues

  1. 1 Whether execution of a notice of severance of a joint tenancy constitutes an act of 'alienation' under s.17B of the Housing Ordinance
  2. 2 Whether such a notice is void and should be set aside under s.17B
  3. 3 Whether conversion of co-ownership from joint tenancy to tenancy-in-common defeats the purpose of the Home Ownership Scheme

Ratio Decidendi

The execution of the Notice of Severance by the deceased was not an 'alienation' prohibited by s.17B because converting the form of co-ownership (joint tenancy to tenancy-in-common) is a family/private arrangement that does not defeat the purpose of the Home Ownership Scheme; s.17B prohibits positive acts that allow owners to take unfair advantage of the Scheme's discount to make a quick profit, which was not shown here.

Court Disposition

Plaintiff's case dismissed with costs to the 1st and 2nd defendants

Orders

  • Plaintiff's case dismissed
  • Costs to the 1st and 2nd defendants with certificate for counsel to be taxed if not agreed