Hong Kong Case Law: Decisions & Judgments

Topic

Public charitable trust

Legal area

Court

4 Sept 2019

WAN HOI YAN AND ANOTHER v. HO CHI HUNG AND OTHERS

Citation

[2019] HKCFI 2161
Court

Court of First Instance
Case number

HCA2177/2013

The Temple (Bo Wo Temple) was a public charitable trust; Plaintiffs (P1 and P2) have locus under s.57A Trustee Ordinance; D1 and D2 hold legal title to Flat 10C as bare trustees for the Temple; contemporaneous Family Court admission by D1 and documentary evidence and credible witness evidence supported this finding; therefore D1 and D2 must deliver possession and execute assignment to P2 and pay mesne profits; defendants’ counterclaim dismissed.
2 Mar 2017

MA WAH YAN AND OTHERS v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

Citation

MA WAH YAN AND OTHERS v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
Court

Court of Appeal
Case number

CACV179/2016

The court refused the extension because the plaintiffs failed to provide a satisfactory explanation for the delay (they could have filed within time taking the legal aid stay into account), and the intended cross-appeal had no real prospect of success: the judge had correctly applied established charity law (Cheung Man Yu and Neville Estates) to find the Lantau Properties subject to a public charitable trust despite the deed's covenants and condition subsequent, which did not legally prevent creation of the charity where covenants were observed; consequently leave to file the respondent's not…
24 Jul 2007

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

Citation

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
Court

Court of Appeal
Case number

CACV265/2006

The Court held that the originating claim did not fall within the limbs of s.22(1)(a) entitling an appeal as of right and that no question of great general or public importance arose; the applicant had locus standi to contest property as held on charitable trust to protect the trust, and on that basis leave to appeal was refused and costs were awarded to the applicant subject to the conditional provision if leave to the CFA is later obtained.

Hong Kong Case Law

WAN HOI YAN AND ANOTHER v. HO CHI HUNG AND OTHERS

MA WAH YAN AND OTHERS v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS