WAN HOI YAN AND ANOTHER v. HO CHI HUNG AND OTHERS

WAN HOI YAN AND ANOTHER v. HO CHI HUNG AND OTHERS

The Temple (Bo Wo Temple) was a public charitable trust; Plaintiffs (P1 and P2) have locus under s.57A Trustee Ordinance; D1 and D2 hold legal title to Flat 10C as bare trustees for the Temple; contemporaneous Family Court admission by D1 and documentary evidence and credible witness evidence supported this finding; therefore D1 and D2 must deliver possession and execute assignment to P2 and pay mesne profits; defendants’ counterclaim dismissed.

Citation
[2019] HKCFI 2161
Parties
1st Plaintiff: Wan Hoi Yan; 2nd Plaintiff: Po Lok Charity Company Limited; 1st Defendant: Ho Chi Hung; 2nd Defendant: Shek Yuen Fai; 3rd Defendant: The Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2019
Case Number
HCA2177/2013
Procedural Posture
Civil Trust/charity Property Dispute / Trial Concluded; Judgment Delivered
Outcome
Judgment for Plaintiffs. Declaration that D1 and D2 hold Flat 10C as bare trustees for the Temple; D1 and D2’s counterclaim dismissed.
Legal Topics
Public Charitable Trust, S.57 a Trustee Ordinance Locus Standi, Resulting/constructive Trusts, Bare Trustee Declaration, Mesne Profits, Admissions and Contemporaneous Proceedings, Pleadings and Amendment
Source Language
EN
Charity Law Trusts and Equitable Proprietary Interests Property Law Civil Procedure Evidence Public Charitable Trust S.57 a Trustee Ordinance Locus Standi Resulting/constructive Trusts +4 more

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Parties

Wan Hoi Yan

1st Plaintiff

Po Lok Charity Company Limited

2nd Plaintiff

Ho Chi Hung

1st Defendant

Shek Yuen Fai

2nd Defendant

The Secretary for Justice

3rd Defendant

Procedural Posture

Civil Trust/charity Property Dispute / Trial Concluded; Judgment Delivered

Legal Issues

  1. 1 Whether Ps have locus under s.57A Trustee Ordinance to sue on behalf of the Temple
  2. 2 Whether the Temple is a public charitable trust or a private altar/private purpose trust
  3. 3 Whether Flat 10C is beneficially owned by the Temple or by D1 and D2 (or third parties)

Ratio Decidendi

The Temple (Bo Wo Temple) was a public charitable trust; Plaintiffs (P1 and P2) have locus under s.57A Trustee Ordinance; D1 and D2 hold legal title to Flat 10C as bare trustees for the Temple; contemporaneous Family Court admission by D1 and documentary evidence and credible witness evidence supported this finding; therefore D1 and D2 must deliver possession and execute assignment to P2 and pay mesne profits; defendants’ counterclaim dismissed.

Court Disposition

Judgment for Plaintiffs. Declaration that D1 and D2 hold Flat 10C as bare trustees for the Temple; D1 and D2’s counterclaim dismissed.

Orders

  • Declaration that at all material times D1 and D2 held and still hold legal title in Flat 10C as bare trustees for and on behalf of Bo Wo Temple (public charitable trust)
  • D1 and D2 shall deliver vacant possession of Flat 10C to Po Lok Charity Company Limited within 14 days