Hong Kong Case Law: Decisions & Judgments

Topic

Power of appointment

Legal area

Court

25 Mar 1986

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND OTHERS

Citation

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND OTHERS
Court

Court of Appeal
Case number

CACV77/1983

The residuary disposition created a fiduciary obligation on the executors to dispose of the entire estate but the words "among such persons as they may deem fit" were unlimited in scope such that the power was a general fiduciary power to the world at large, void for uncertainty; therefore the power is void and the residuary estate devolves as on intestacy.
30 May 1985

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND ANOTHER

Citation

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND ANOTHER
Court

Court of Appeal
Case number

CACV77/1983

The application to strike out the defendants' appeal was dismissed. The Court held estoppel by conduct did not apply because the defendants were exercising appellate rights within the same action (Lissenden); estoppel by convention did not apply because there was no common agreed assumption that defendants were legally entitled to shares. Directions were given for service of notice of appeal, amendment of the originating summons, and the first defendant was ordered to set down the appeal by 21 July 1985; costs awarded to the first defendant in any event.
12 Dec 1979

FOK TSE MOON v. FOK YAN NUNG

Citation

FOK TSE MOON v. FOK YAN NUNG
Court

Court of First Instance
Case number

HCMP582/1978

The court held that the executors' power to divide the residuary estate was limited to the persons living and mentioned in the testator's family tree (the class of relatives identified in the will); it did not authorize donations to the public or general charities, and accordingly the plaintiff has power to distribute the residue among that class but not to give to charity.
12 Dec 1970

CHENG CHUNG PONG AND ANOTHER v. WONG CHING AND OTHERS

Citation

CHENG CHUNG PONG AND ANOTHER v. WONG CHING AND OTHERS
Court

Court of First Instance
Case number

HCMP53/1970

Clause 11(n) must be construed, in the context of the will and the testator's evident intention to dispose of his estate under English law, as creating a special power of appointment in favour of a restricted class (male child surnamed Cheng of the Hakka clan under age five) exercisable by the widow and, failing her, by the trustees; the trustees are under a duty to exercise that power and cannot release it; consequently the clause is valid and may be exercised; surplus income accrued since the 21st anniversary is treated as intestate until such adoption is effected.

Hong Kong Case Law

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND OTHERS

KIMBALL WONG v. CYNTHIA FOK SHIN YEE AND ANOTHER

FOK TSE MOON v. FOK YAN NUNG

CHENG CHUNG PONG AND ANOTHER v. WONG CHING AND OTHERS