Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Power of attorney authenticity

Legal area

Court

23 May 2025

HO KWONG YUEN v. YAU YAN MAN

Citation

[2025] HKDC 777
Court

District Court
Case number

DCCJ4849/2019

The court accepted the defendant's contemporaneous Power of Attorney and credible witness evidence (including the son) and rejected the plaintiff's allegation of forgery as unproven and unsupported by expert evidence; plaintiff was found not credible and his conduct (securing the deeds in 2013) showed awareness of the PoA and the parties' common intention. On that basis a common intention constructive trust arose in favour of the defendant and equity departs from the legal title, making the defendant sole beneficial owner of the Property.
16 Dec 2020

WONG KOON WAH v. ALL PERSONS IN OCCUPATION OF LOT NO. 775 IN DEMARCATION DISTRICT 216 AND ANOTHER

Citation

[2020] HKCFI 3094
Court

Court of First Instance
Case number

HCMP1716/2012

The 1979 power of attorney was found to be genuine on the balance of direct evidence (attesting solicitor Mr Li); the presumption of resulting trust arose because consideration and obligations were assumed by Ho and P did not contribute; on the surrounding transactional documents and conduct the beneficial interest passed from P to Ho to Honoo to Edico and ultimately to D2; alternatively proprietary estoppel and adverse possession were established; accordingly D2 is declared beneficial owner and plaintiff's claim for possession is dismissed.