Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of official solicitor

Legal area

Court

22 Jul 2020

KWAN YEE WAI AND ANOTHER v. THE PERSONAL REPRESENTATIVES OF POON KING (DECEASED)

Citation

[2020] HKDC 556
Court

District Court
Case number

DCMP1534/2019

Because the flat’s size and single-entrance layout made physical partition impracticable, the building’s condition and renovation costs rendered sale objectively more beneficial to the co-owners, no representative or evidence from the deceased co-owner opposed sale, and relevant precedents require sale where partition is impracticable absent proof of great hardship, the court ordered sale under section 6(1) of the Partition Ordinance.
20 Oct 2017

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER

Citation

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER
Court

Court of Appeal
Case number

CAMP1/2017

Having found the 2nd defendant made diligent and extensive searches and enquiries and that the 1st defendant (the deceased's estate) is a party directly affected, the court held it was appropriate to appoint the Official Solicitor to represent the deceased's estate for the limited purpose of accepting service of the Notice of Appeal and Notice of Setting Down; the Official Solicitor's prior appointment in separate proceedings did not preclude appointment for this separate appeal; time for service and subsequent appeal steps was extended and advertising of the hearing was ordered.
29 Jun 2017

MAN LOY HEI v. The Estate of MAN CHEUK HI, Deceased

Citation

MAN LOY HEI v. The Estate of MAN CHEUK HI, Deceased
Court

Court of First Instance
Case number

HCMP1694/2015

The Summons was dismissed because service had not been validly effected—the Official Solicitor's appointment was limited and he refused to accept the Summons—and because the proposed expert evidence addressed an ill-defined, non-specific issue that would not assist the trial judge; accordingly leave to adduce the expert report was refused and the Summons dismissed.
14 Jul 2015

WONG KWONG CHUEN v. THE ESTATE OF LAW WAI-HING, DECEASED

Citation

WONG KWONG CHUEN v. THE ESTATE OF LAW WAI-HING, DECEASED
Court

Court of First Instance
Case number

HCMP2292/2015

Plaintiff established exclusive and continuous possession of the land since 1992 to the exclusion of any person entitled to claim under the deceased; the 12-year limitation period under s7(2) expired by 31 December 2004 and under s17 the estate's title was extinguished; therefore a declaratory order and registration are warranted without trial where there is no contest.
7 Feb 2006

RE P

Citation

RE P
Court

Court of First Instance
Case number

HCMP136/1981

Because Pang Kam Tong failed to comply with the court's directions to render accounts, delayed reporting the death of the co-committee member, resided outside the jurisdiction impeding supervision, and there were unexplained issues concerning compensation and occupation of co-owned property, the court properly exercised its power under s.26B(1)(b) of the Mental Health Ordinance to remove him and appoint the Official Solicitor as committee to investigate and administer the estate.

Hong Kong Case Law

KWAN YEE WAI AND ANOTHER v. THE PERSONAL REPRESENTATIVES OF POON KING (DECEASED)

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER

MAN LOY HEI v. The Estate of MAN CHEUK HI, Deceased

WONG KWONG CHUEN v. THE ESTATE OF LAW WAI-HING, DECEASED

RE P