Hong Kong Case Law: Decisions & Judgments

Topic

Conveyancing and property ordinance s.23

Legal area

Court

29 May 2009

CHIONG STANLEY v. LAM YIP HING AND ANOTHER

Citation

CHIONG STANLEY v. LAM YIP HING AND ANOTHER
Court

District Court
Case number

DCCJ4463/2008

The execution page of the Bushell Assignment satisfied s.20(1) CPO on its face and the plaintiff did not adduce sufficient evidence to rebut the statutory presumption in s.23 CPO; the board resolution's phrase 'any one Director and any one Director' authorises any two directors (not only those present), and the statement in the Assignment that the signatories were 'duly authorized' by the board sufficed to show due execution, therefore the Assignment was valid and the defendants' claims succeed in the respects ordered.
27 Feb 2001

LEUNG KWAI LIN CINDY v. WU WING KUEN

Citation

LEUNG KWAI LIN CINDY v. WU WING KUEN
Court

Court of Final Appeal
Case number

FACV14/2000

Section 23 embodies the common law presumption of regularity and, read liberally, presumes due execution where the instrument appears on its face to be duly executed and the surrounding circumstances do not rebut that presumption; s.13(1) does not bar proof of title by cogent secondary evidence; on the facts the statutory declarations and documents sufficed to prove the lost power of attorney and vendor showed good title, so appeal is allowed.
29 Jan 1993

AU HON KWONG AND ANOTHER V. SURE WOOLLEN YARNS CO.LTD.

Citation

AU HON KWONG AND ANOTHER V. SURE WOOLLEN YARNS CO.LTD.
Court

Court of First Instance
Case number

HCMP3979/1992

The mortgage was not validly executed because it bore the company seal but was signed by only one director contrary to Article 13 requiring more than half of four directors; statutory provisions and estoppel arguments did not cure that defect for the purpose of conferring a power of sale, so the purchaser's requisition was not satisfactorily answered and the title was impeachable or at real risk of being impeached.

Hong Kong Case Law

CHIONG STANLEY v. LAM YIP HING AND ANOTHER

LEUNG KWAI LIN CINDY v. WU WING KUEN

AU HON KWONG AND ANOTHER V. SURE WOOLLEN YARNS CO.LTD.