Hong Kong Case Law: Decisions & Judgments

Topic

Redemption of encumbrance

Legal area

Court

6 Aug 2024

RE CHAN LEI QIWEN, in her capacity as the administratrix of the estate of Chan Kwai Sing, deceased, for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219

Citation

[2024] HKCFI 2079
Court

Court of First Instance
Case number

HCMP1061/2024

The Court granted leave for the applicant to pay $600 into Court in each of HCMP 1061/2024 and HCMP 1062/2024 because the applicant is the registered owner and administratrix entitled to redeem, the mortgages remain extant, reasonable steps to locate the mortgagees had been taken without success thereby engaging s12A(1), and the proposed sums were more than sufficient to discharge the mortgages; the Court ordered advertising and permitted the applicant to apply after prescribed periods for declarations under s12A(2).
13 Aug 2020

TANG KING WO TSO v. TANG MAU WA

Citation

[2020] HKCFI 1971
Court

Court of First Instance
Case number

HCMP951/2020

The court found the Applicant to be the registered owner, the mortgage remained subsisting, and reasonable searches showed the Respondent could not be found; therefore s12A(1) was engaged and leave was granted to pay HK$218 into court as a sufficient sum to redeem the mortgage, with an order for advertisement prior to any s12A(2) declaration.
29 Apr 2014

YIK LOI YAU v. The personal Representative of the estate of CHAN HIN CHEUNG, deceased

Citation

YIK LOI YAU v. The personal Representative of the estate of CHAN HIN CHEUNG, deceased
Court

District Court
Case number

DCMP937/2014

The court was satisfied the plaintiff had taken reasonable steps to locate the mortgagee and, because doubt existed as to whether the century‑old Chinese customary mortgage subsisted, granted leave under s12A(1) to pay $8,000 into court; the court ordered publication and provided the staged procedure under s12A(2) for a subsequent declaration to free the land, with no order as to costs.
25 Mar 2010

RE LIGHT TIME INVESTMENTS LTD

Citation

RE LIGHT TIME INVESTMENTS LTD
Court

Court of First Instance
Case number

HCMP334/2010

The one‑stage approach is impermissible because s12A(2) confers a discretionary power to declare land free only upon payment into court under s12A(1); declaring freedom in advance would extinguish the discretion before it arises. The correct course is to order payment into court, require public advertisement to protect unidentified mortgagees, then permit a s12A(2) paper application for declaration after the advertisement period.

Hong Kong Case Law

RE CHAN LEI QIWEN, in her capacity as the administratrix of the estate of Chan Kwai Sing, deceased, for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219

TANG KING WO TSO v. TANG MAU WA

YIK LOI YAU v. The personal Representative of the estate of CHAN HIN CHEUNG, deceased

RE LIGHT TIME INVESTMENTS LTD