Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Locus standi under trustee ordinance s57a

Legal area

Court

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…
11 Mar 2022

LAI CHIK KUN MICHAEL AND OTHERS v. THE BAPTIST CONVENTION OF HONG KONG

Citation

[2022] HKCFI 728
Court

Court of First Instance
Case number

HCA2741/2018

The court granted leave to amend to plead a charitable trust because the pleaded facts made it at least arguable that BCHK held School funds on charitable trust (requirements of certainty arguable), plaintiffs (alumni/donors) had sufficient interest including under s57A TO to sue, joinder of the Secretary for Justice was appropriate as parens patriae, and the defendant’s strike‑out application failed because it was not plain and obvious that the Subject Paragraphs were bound to fail or abusive.