Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discharge of encumbrance

  • 27 Jan 2016

    MA FAT CHING v. WAN SUI SHANG

    Citation
    MA FAT CHING v. WAN SUI SHANG
    Court
    Court of First Instance
    Case number
    HCMP2640/2015

    Given the applicant's uncontradicted evidence of reasonable enquiries to locate the mortgagee or successors, the court had jurisdiction under s12A CPO to accept payment into court and declare the applicant's half share free from the mortgage; the sum of $611 (principal $26 plus interest at $0.65/month from 1941 to Feb 2016 = $585) was sufficient to redeem the mortgage and therefore a declaration discharging the applicant's share was justified.

  • 11 Nov 2011

    RE HO CHUNG DEVELOPMENT LTD AND ANOTHER

    Citation
    RE HO CHUNG DEVELOPMENT LTD AND ANOTHER
    Court
    District Court
    Case number
    DCMP2358/2011

    Under s.12A CPO the court, exercising its discretion, may allow payment into court to redeem an encumbrance and declare land free where the encumbrancer cannot be found; here the encumbrancer/trustee could not be located, the mortgage was treated as subsisting and the court found payment of HK$2,448 (principal plus notional interest at 20% for 107 years plus margin) adequate, therefore ordered payment into court and declared the properties discharged upon payment.