WONG SHUK YING AND ANOTHER v. ATTORNEY GENERAL

WONG SHUK YING AND ANOTHER v. ATTORNEY GENERAL

The Attorney-General must be joined as a party to an application for a vesting order affecting property of a dissolved company because he represents the Crown as the person to be divested of the property; his joinder is required even where the Crown does not assert a bona vacantia claim, but the applicant must pay the Attorney-General's costs on the trustee basis.

Citation
WONG SHUK YING AND ANOTHER v. ATTORNEY GENERAL
Parties
1st Plaintiff: WONG SHUK YING; 2nd Plaintiff: CHINACHEM FINANCE COMPANY LIMITED; Defendant: THE ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 1987
Case Number
HCMP695/1987
Procedural Posture
Miscellaneous Proceedings (vesting Order Application) / Hearing and Judgment Delivered
Outcome
Application for vesting order granted; Attorney-General must be joined/treated as defendant representing the Crown; plaintiffs to pay Attorney-General's costs on the trustee basis.
Legal Topics
Vesting Order, Bona Vacantia, Representation of the Crown, Joinder and Service
Source Language
EN
Trusts and Trustees Property Law Public/administrative Law Civil Procedure Vesting Order Bona Vacantia Representation of the Crown Joinder and Service

Case Brief

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Parties

WONG SHUK YING

1st Plaintiff

CHINACHEM FINANCE COMPANY LIMITED

2nd Plaintiff

THE ATTORNEY GENERAL

Defendant

Procedural Posture

Miscellaneous Proceedings (vesting Order Application) / Hearing and Judgment Delivered

Legal Issues

  1. 1 Whether the Attorney-General is a necessary and proper party to an application for a vesting order in respect of property of a dissolved company
  2. 2 Whether the Attorney-General may decline to be joined or to attend where the Crown does not assert a bona vacantia claim
  3. 3 Who should bear the costs of the Attorney-General attending such proceedings

Ratio Decidendi

The Attorney-General must be joined as a party to an application for a vesting order affecting property of a dissolved company because he represents the Crown as the person to be divested of the property; his joinder is required even where the Crown does not assert a bona vacantia claim, but the applicant must pay the Attorney-General's costs on the trustee basis.

Court Disposition

Application for vesting order granted; Attorney-General must be joined/treated as defendant representing the Crown; plaintiffs to pay Attorney-General's costs on the trustee basis.

Orders

  • Vesting order to be made in favor of the applicant in respect of the property as prayed.
  • The Attorney-General to remain a party to the proceedings notwithstanding that the Crown does not assert a bona vacantia claim.