Hong Kong Case Law: Decisions & Judgments

Topic

Better administration order

Legal area

Court

7 Feb 2025

曼華堂(由其司理人代表自己及其他人士起訴) 對釋照融及另一人

Citation

[2025] HKCA 127
Court

Court of Appeal
Case number

CACV90/2020

Order 15 rule 7(2) was inapplicable because Man Wa Tong's substantive rights were not assigned, transmitted or devolved; the change concerned only the identity of the managers. Order 15 rule 6 is the appropriate provision empowering the court to add or substitute the proper party to ensure full and effective adjudication. Given the prior court order revoking the former managers and appointing the Hong Kong Buddhist Association as interim administrator/manager, the court properly substituted the plaintiff to reflect the interim administrator's authority and allowed the application without cost…
30 May 2023

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG’, a Religious Tong v. JAN FUNG AND OTHERS

Citation

[2023] HKCFI 1392
Court

Court of First Instance
Case number

HCA595/2019

The court found applicants (Sik; Jan & Pong) possess locus standi under s57A(a)(iii) because of genuine, historic and operational interests materially greater than the public (Sik as Abbot/successor and director of affiliated institutions; JP as family successors). Evidence established mismanagement and disorganised administration of the Tong’s external and financial affairs (poor handling of Goo Tai deposits, irrational obstruction of Yellow Road, opaque financial practices, convoluted arrangements during SCB account suspension, and unsatisfactory outsourcing through Graciously Affection). T…
29 Sept 2022

LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

Citation

[2022] HKCFI 3002
Court

Court of First Instance
Case number

HCMP1013/2011

Members who are part of the charity and especially those involved in governance or who have made significant donations possess a legitimate interest materially greater than the public and therefore have locus to invoke the court's parens patriae jurisdiction to seek a better administration order against a charitable corporation; accordingly the striking out application for lack of locus is dismissed.
29 Sept 2022

LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

Citation

[2022] HKCFI 3002
Court

Court of First Instance
Case number

HCMP2477/2011

The plaintiffs have locus to commence the Better Administration Action: as members, some as Executive Committee members and significant donors they possess an interest materially greater than ordinary members of the public; the court's parens patriae jurisdiction extends to charitable corporations and is not confined to the Secretary for Justice or s57A trust proceedings; accordingly the striking out application is dismissed.
29 Sept 2022

TONG CUN MING AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

Citation

[2022] HKCFI 3002
Court

Court of First Instance
Case number

HCMP143/2011

Plaintiffs have locus to commence the Better Administration Action because, as members of the Koon (a charity), including some who served on the Executive Committee and contributors of substantial donations, they possess an interest materially greater than that of ordinary members of the public; the court's inherent parens patriae jurisdiction extends to charitable corporations and is not confined to the SJ or to persons falling strictly within s57A Trustee Ordinance; derivative action/company law constraints are not determinative of locus in parens patriae proceedings.
27 Jul 2022

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

Citation

[2022] HKCFI 2293
Court

Court of First Instance
Case number

HCMP496/2017

The court refused SJ's application to be excused. Given the serious allegations of internal mismanagement, the nature of the reliefs sought (including orders effectively against SJ), the absence of a split trial, the original trial estimate based on SJ's participation, and the insufficiency of a mere watching brief to discharge SJ's protective duties, SJ must attend the full trial in its capacities for both SJ and SHA; costs of the application are reserved.
27 Jul 2022

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG , a Religious Tong v. JAN FUNG AND OTHERS

Citation

[2022] HKCFI 2293
Court

Court of First Instance
Case number

HCA595/2019

The application to excuse SJ from attending the trial was refused because the proceedings involve serious allegations of internal mismanagement and seek orders affecting the administration of a charity (including reliefs against SJ), SJ has a duty as parens patriae to protect charitable interests and assist the court, the original trial estimate assumed SJ's participation, watching brief would be insufficient, and fairness and proportionality favoured requiring SJ's attendance to ensure the court can be properly assisted.

Hong Kong Case Law

曼華堂(由其司理人代表自己及其他人士起訴) 對 釋照融及另一人

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG’, a Religious Tong v. JAN FUNG AND OTHERS

LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

TONG CUN MING AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

AU YEUNG SHUN MEI & POON KIT FONG the manageresses of ‘MAN WAH TONG , a Religious Tong v. JAN FUNG AND OTHERS

曼華堂(由其司理人代表自己及其他人士起訴) 對釋照融及另一人