Hong Kong Case Law: Decisions & Judgments

Topic

Order 92 rules of the high court

Legal area

Court

16 May 2025

RE SINO WEALTH SECURITIES LTD

Citation

[2025] HKCFI 2045
Court

Court of First Instance
Case number

HCMP392/2025

The court found from the contractual documentation that the applicant held the listed cash and share assets on trust for the six clients, was unable to contact the clients despite extended and repeated efforts, the sums involved are modest and would not unduly burden court resources, and it was therefore expedient to order payment of the unclaimed cash into Court, permit withdrawal and registration of physical share certificates and deposit into Court, and to allow sale/disposal of delisted shares if certificates cannot be obtained/registered within three months, with specified notification a…
9 Dec 2024

COL SECURITIES (HK) LTD (FORMERLY KNOWN AS CITISECONLINE.COM HONG KONG LTD OR FULLBRIGHT CORPORATION LTD) v. CHAN TSI MING

Citation

[2024] HKCFI 3541
Court

Court of First Instance
Case number

HCMP1481/2024

The applicant established that the unclaimed cash and securities were held on trust and that it had taken all reasonable steps to locate the respondent and obtain instructions; accordingly the court exercised its discretion under s.62 Trustee Ordinance to order payment of the unclaimed cash and securities into court and to discharge the applicant from obligations in respect of those assets; no order as to costs was made.
18 Jan 2023

RE FULLJET SECURITIES LTD

Citation

[2023] HKCFI 228
Court

Court of First Instance
Case number

HCMP1874/2022

The court was satisfied the applicant held the unclaimed assets as trustee and had made reasonable efforts to return them; accordingly it ordered under section 62 that unclaimed cash and securities capable of being paid into court be paid into court, and under section 56 that the applicant be empowered to sell, dispose of or forfeit securities that cannot be paid into court; no order as to costs was made.
28 Sept 2022

RE EMINENT ASSETS LTD

Citation

[2022] HKCFI 3004
Court

Court of First Instance
Case number

HCMP1212/2022

The court was satisfied the assets were held by the applicant as trustee and that despite reasonable efforts beneficiaries could not be contacted, and therefore it was expedient to permit payment of the unclaimed assets into court, subject to deductions for assessed costs and advertising, permission to withdraw and deposit or sell securities and to give prescribed notice by publication and letters.
16 Aug 2022

RE QUEST STOCKBROKERS (HK) LTD

Citation

[2022] HKCFI 2578
Court

Court of First Instance
Case number

HCMP655/2022

The applicant established that the assets were held as trustee and that reasonable efforts to contact beneficiaries had been made; therefore it was expedient to permit payment of the unclaimed cash and securities into court, permit sale/realisation and withdrawal/deposit of share certificates, and to allow deduction of assessed costs and advertising fees from the assets, with the applicant discharged upon compliance.
15 Aug 2022

RE RHB SECURITIES HONG KONG LTD AND ANOTHER

Citation

[2022] HKCFI 2645
Court

Court of First Instance
Case number

HCMP2310/2020

The applicants had demonstrated they had exercised all reasonable endeavours to trace and contact clients and therefore the court ordered payment into court of unclaimed and unidentified cash, deposits and securities with specific procedures for registration, sale where certificates cannot be obtained, and payment of dividends into court; abandoned cash and securities were not ordered into court and were adjourned sine die to avoid leaving assets indefinitely in court.
22 Jun 2022

RE TIMES SECURITIES CO LTD

Citation

[2022] HKCFI 1810
Court

Court of First Instance
Case number

HCMP1431/2021

Applicant established trustee status and that reasonable efforts were made to contact clients; therefore the court granted the Amended Ex Parte Originating Summons and made orders under sections 56 and 62 Trustee Ordinance to pay unclaimed cash into court, sell marketable securities and pay proceeds into court, and permit the applicant to deal (including forfeiture) with unmarketable or relinquished securities, and ordered notice by advertisement.
20 Dec 2021

RE WING FAT SECURITIES LTD

Citation

[2021] HKCFI 3851
Court

Court of First Instance
Case number

HCMP1036/2021

The court declared the unclaimed assets to be held on trust for the named clients, found the applicant had taken all reasonable steps to return assets, granted leave to pay specified unclaimed cash and feasible securities into court under section 62, and granted leave under section 56 to sell or otherwise dispose of specified unclaimed securities and entitlements which could not feasibly be lodged into court; the court refused to grant s56 relief or a declaration in respect of abandoned securities because clients had expressly authorised the applicant to dispose of those securities, so s56 wa…
6 Jul 2018

RE ABN AMRO BANK N.V.

Citation

[2018] HKCFI 1559
Court

Court of First Instance
Case number

HCMP280/2018

Assets in the Residual Accounts (other than cash) are held on trust; the applicant demonstrated it took reasonable steps to contact beneficiaries and to notify them of the proposed orders; accordingly court granted leave to pay into court those assets which can be deposited (physical share certificates), leave to sell or otherwise dispose of assets that cannot be paid into court with proceeds to be paid into court, leave to dispose of illiquid items (including forfeiture), directed public and personal notice under Order 92, and discharged the applicant from obligations on compliance with thos…
1 Aug 2012

RE PEACE TOWN FUTURES LTD

Citation

RE PEACE TOWN FUTURES LTD
Court

Court of First Instance
Case number

HCMP1355/2012

The specified items of cash were held by the applicant as trustee for the 62 unclaimed clients; the court granted leave to pay HK$108,285.90 into court and ordered that notice by advertisement and letters to last known addresses within 7 days would satisfy Order 92 r4; no order as to costs.