CHAN SIOW YOON (陳筱雲), MA SO CHUN (馬素真), WAN FUNG SIN (尹鳳仙) and LAM SHUN YUEN (林純源) suing on behalf of SIN TIN TOA HOME FOR THE AGED (先天道安老院) AND OTHERS v. SECRETARY FOR JUSTICE

CHAN SIOW YOON (陳筱雲), MA SO CHUN (馬素真), WAN FUNG SIN (尹鳳仙) and LAM SHUN YUEN (林純源) suing on behalf of SIN TIN TOA HOME FOR THE AGED (先天道安老院) AND OTHERS v. SECRETARY FOR JUSTICE

Applicants A2–A5 fall within "persons otherwise interested in the trust" under s57A and the test of expediency was satisfied because the former trustees had died leaving no personal representatives and the trust faced failure; there was no evidence A2–A5 were unfit (no convictions, unsoundness or bankruptcy), each...

Source-derived case information.

Citation
[2023] HKCFI 120
Parties
1st Applicant: CHAN SIOW YOON (陳筱雲), MA SO CHUN (馬素真), WAN FUNG SIN (尹鳳仙) and LAM SHUN YUEN (林純源) (suing on behalf of Sin Tin Toa Home for the Aged); 2nd Applicant: CHAN SIOW YOON (陳筱雲); 3rd Applicant: MA SO CHUN (馬素真); 4th Applicant: WAN FUNG SIN (尹鳳仙); 5th Applicant: LAM SHUN YUEN (林純源); Respondent: Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2023
Case Number
HCMP1298/2021
Procedural Posture
Trusts/charity Appointment of Trustees / First Instance Decision
Outcome
Order granted appointing the 2nd to 5th applicants as new trustees of the Sin Tin Toa Home for the Aged in respect of the Properties; costs to be determined and paid by applicants
Legal Topics
Appointment of Trustees, Vesting Orders, Trust Administration, Locus Standi, Fitness to Act as Trustee
Source Language
en
Trusts Charity Law Property Law Civil Procedure Appointment of Trustees Vesting Orders Trust Administration Locus Standi +1 more

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Parties

CHAN SIOW YOON (陳筱雲), MA SO CHUN (馬素真), WAN FUNG SIN (尹鳳仙) and LAM SHUN YUEN (林純源) (suing on behalf of Sin Tin Toa Home for the Aged)

1st Applicant

CHAN SIOW YOON (陳筱雲)

2nd Applicant

MA SO CHUN (馬素真)

3rd Applicant

WAN FUNG SIN (尹鳳仙)

4th Applicant

LAM SHUN YUEN (林純源)

5th Applicant

Secretary for Justice

Respondent

Procedural Posture

Trusts/charity Appointment of Trustees / First Instance Decision

Legal Issues

  1. 1 Whether the court should appoint new trustees under Trustee Ordinance s42
  2. 2 Whether the applicants (A2–A5) have locus to apply under ss57 and 57A
  3. 3 Whether the statutory test of expediency for appointment of new trustees is satisfied

Ratio Decidendi

Applicants A2–A5 fall within "persons otherwise interested in the trust" under s57A and the test of expediency was satisfied because the former trustees had died leaving no personal representatives and the trust faced failure; there was no evidence A2–A5 were unfit (no convictions, unsoundness or bankruptcy), each had signed consent and had longstanding connection to the charity; accordingly the court granted the order appointing A2–A5 as new trustees and directed consequential cost steps.

Court Disposition

Order granted appointing the 2nd to 5th applicants as new trustees of the Sin Tin Toa Home for the Aged in respect of the Properties; costs to be determined and paid by applicants

Orders

  • 2nd to 5th applicants appointed as trustees to hold Lot No 64 and Lot No 597 in DD185 on trust for Sin Tin Toa Home for the Aged
  • Secretary for Justice to submit a statement of costs within 7 days