24 Jan 2025
Applicants satisfied s.12A(1) CPO: they are entitled to redeem, the mortgage remains subsisting, and reasonable steps were taken to locate the successor (Mak Wing On) who cannot be found; accordingly the court granted leave to pay HKD 6,800 into court to redeem the mortgage and ordered specified advertising and procedural steps before a s.12A(2) declaration may be sought.
25 Oct 2023
The court found that the applicants met the requirements of s.12A(1) CPO (they are entitled to redeem, the mortgage remains undischarged, the mortgagee could not be found despite reasonable enquiries) and therefore granted leave to pay $6,000 into court to redeem the mortgage, with directions for advertisement and subsequent application for a declaration after prescribed periods; no order as to costs.
25 Mar 2010
The one-stage procedure is impermissible because s12A(2)'s discretionary power to declare land free of encumbrance only arises upon payment into court; the court cannot lawfully make a declaration before payment, and adequate searches and notice (including advertisement/substituted service where mortgagees cannot be found) are required to prevent injustice, therefore the correct procedure is payment into court under s12A(1), followed by advertisement and then application under s12A(2).
25 Mar 2010
The court held that it cannot make a declaration freeing land from encumbrance prior to payment into court because s12A(2) confers a post‑payment discretion and the statute does not authorize pre‑payment remedies; accordingly the correct procedure is a two‑stage process: order payment into court under s12A(1), require adequate notice (advertisement) where mortgagees cannot be located, and only then entertain a s12A(2) application for declaration after the notice period.
31 Dec 2001
Section 12A authorises a three-stage procedure and, by necessary implication, permits an applicant to commence proceedings by ex parte originating summons when appropriate; however the statutory criteria for its exercise must be strictly established with adequate evidence of efforts to locate or identify the encumbrancer. On the facts the mortgage likely no longer subsists and the Section 12A criteria were not satisfied, so the application was adjourned sine die with liberty to restore.